(b) A is admitted in a lunatic asylum.

During intervals of sound mind

A enters into an agreement with B to sell his horse for Rs. 2
Lacs. Is this a valid contract ? Give reasons in support of your
answer.
(c) Discuss the validity of partnership agreement between A, B, C
and D where one of clause is "that A shall not indemnify the
firm for any loss caused to it by wilful neglect in the conduct
of the business of the firm".

6.

7.

8.

Total No. of Printed Pages : 4

Roll No. ............................

1(CCE.M)2
LawII
(13)
Time : Three Hours]

[Maximum Marks : 300

INSTRUCTIONS

(d) "I acknowledge myself to be indebted to B in Rs. 3 Lacs to

be paid on demand for value received". What is the nature of
this instrument ?

(i) Answers must be written in English.

(e) A was served 'chicken soup' in a flight by Indian Airlines. A,

while purchasing ticket, had mentioned that he was strictly
vegetarian. Can A file a consumer complaint for the hurt caused
to his religious feelings ?
415=60

(iii) The answer to each question or part thereof should begin

on a fresh page.

(ii)

The number of marks carried by each question is indicated

at the end of the question.

(iv) Your answer should be precise and coherent.

(v)

(a) What conditions are necessary for converting a proposal into

a promise ; a promise into an agreement and an agreement into
a contract ? Give suitable illustrations.
30

The part/parts of the same question must be answered

together and should not be interposed between answers
to other questions.

(b) Write in detail the aims and objectives of the Monopolies and
Restrictive Trade Practices Act, 1969. How far have these
objectives been achieved ? Discuss.
30

(vi) Candidates should attempt question nos. 1 and 5 which

are compulsory and any three more out of the remaining
questions, selecting at least one question from each Section.

(a) Write a note on Banker-Customer relationship.

(b) Write a note on Government Control over private companies.

(vii) If you encounter any typographical error, please read it

as it appears in the text-book.

(c) How far the Consumer Protection Act, 1986 has been able to
safeguard the interests of consumers in India ? Discuss.
320=60

(viii) Candidates are in their own interest advised to go through

the General Instructions on the back side of the title page
of the Answer Script for strict adherence.

(a) Define and distinguish between sale of goods and hire purchase.
(b) Write note on Agency by ratification.

(ix) No continuation sheets shall be provided to any candidate

under any circumstances.

(c) Define fraud and distinguish it from misrepresentation. Can

(x)

EFG-45579

silence amount to fraud ?

320=60

400

Candidates shall put a cross () on blank pages of Answer

Script.

EFG-45579

Contd.

A, after shooting B decides not to kill himself. B survives the

shooting. Before B is fully recovered, A marries C. Discuss the
liability of A and B.

(xi) No blank page be left in between answer to various

questions.
(xii) No programmable Calculator is allowed.

(f)

(xiii) No stencil (with different markings) is allowed.

SECTIONA
1.

2.

"An idiot is like the one who is not considered present despite being
present there as he is already punished by his madness. Hence he
is exempted from criminal liability for his acts". In the light of the
above statement, discuss the defence of mental derangement to a
criminal charge. Point out the difference, if any, for insanity as seen
by medical science and law.
60

3.

(a) Explain and distinguish common intention from common object.

Can common intention be found at the spur of the moment of
committing an offence ? Discuss.
30

Attempt any five parts :

(a) A, a resident of Jummu commits an offence in England. He is
arrested at Bombay when he came to India. Can he be prosecuted
under Ranbir Penal code for the offence he committed in
England ?
(b) A attacks B with a sharp edged weapon aiming at the head
of B. B wards off the attack by putting his hand in front of his
head and thus B's hand is cut off as a result of that attack.
Discuss the liability of A.
(c) A, a police officer, orders Z, a constable to fire at a mob which
was peaceful and non-violent. Z fires in consequence of the
orders under the honest belief that he is bound to obey the orders
of his superior, otherwise he will lose his job. X, a member of
that mob is killed and Y, another member is severely injured.
Discuss the liability of Z and A, if any.
(d) Secretary, Public Service Commission suspended A, a regular
peon of his office because of A's continuous absence from
office without intimation to the office. When he received the
suspension letter, A became furious & left the office. After two
hours, he comes to office in drunken form, abused Secretary
and damaged his personal car parked outside. What offence A
has committed ?

(b) "A man's reputation is the estimate in which others hold him
and not the opinion which he has of himself". Explain the
statement referring to the ingredients of the tort of defamation.
30
4.

Define and distinguish between any three of the following :

(a) Liability based upon and Strict liability.
(b) Composite and Contributory Negligence.
(c) False imprisonment and malicious prosecution.
(d) Public Nuisance and Private Nuisance.

Contd.

320=60

SECTIONB
5.

Attempt any four parts out of the following :

(a) A was due to perform a contract on 1st Jan 2011. But on 25th
Dec 2010, he repudiated his obligations. On Ist Jan 2011, the

(e) A and B are in love and want to marry each other. Opposed
by parents, they decided to commit suicide. A has a revolver.
It is decided that A will first shoot B and then shoot himself.

EFG-45579

Write a note on 'Demand of dowry as a matrimonial offence'.

512=60

contract became illegal because of change of law. B files a suit

against A on 5th Jan 2011 for a breach of the contract. Will
he succeed ?
EFG-45579

Contd.